This week in NASCAR: Vickers to miss All-Star Race
Red Bull Racing official confirmed Wednesday that Brian Vickers will remained sidelined from this weekend’s Sprint All-Star Race in Charlotte, N.C. This will be the second consecutive weekend Vickers has been sidelined.
Vickers was admitted to a Washington, D.C. hospital after the Sprint Cup Series driver complained of chest pains. It was later determined that Vickers had several blood clots. He is currently taking blood thinners to loosen up the clots. Vickers has since been released in Charlotte doctor Dr. Jerry Petty’s hands.
Since he is taking blood thinners, Vickers is unable to drive due to the risk of massive blood loss in the event of an accident.
Red Bull Racing will use substitute driver Casey Mears this weekend. NASCAR has approved the driver change.
“Given the extenuating circumstances we have dealt with this past week regarding Brian’s health, we would like to thank NASCAR for their assistance and understanding of this unique situation by allowing us to compete in the All-Star Race,” Red Bull Racing Team General Manager & Vice President Jay Frye said in a statement released Wednesday.
Vickers will be in Charlotte Friday afternoon for a press conference to address the media.
Mayfield case not quite over yet
Despite the ruling made by U.S. District Court Judge Graham Mullen on Tuesday to dismiss all statements by suspended NASCAR driver/owner Jeremy Mayfield, thus allowing NASCAR to uphold his suspension for use of methamphetamine, the case isn’t necessarily over yet.
Judge Mullen cited waivers and lack of evidence in his dismissal of Mayfield’s case.
“Plaintiffs [Mayfield] agreed to release Defendants [NASCAR] from all claims arising under a negligence theory or otherwise; Plaintiffs thereby waived their right to pursue their claims for defamation, unfair and deceptive trade practices, breach of contract, and negligence,” Judge Mullen said in his order. “Plaintiffs also failed to allege facts to support each of their claims. … Plaintiffs claims are hereby dismissed.”
Mayfield is allowed to appeal Judge Mullen’s decision to the U.S. Court of Appeals. Comment from celebrity lawyer Mark Geragos, who represents Mayfield in the case, has yet to be made.
NASCAR spokesperson Ramsey Poston said the ruling is affirmation of NASCAR’s ability to police the sport.
“The U.S. District Court’s ruling is a powerful acknowledgement and affirmation of NASCAR’s rulebook and its ability to police the sport,” Poston said. “NASCAR has been very clear with its competitors as to its policies and what is expected of them. NASCAR’s comprehensive substance abuse policy, which is among the best and toughest in all of sports, serves the safety of our competitors and fans.”
Busch regretting foray into NASCAR ownership
Just six races into his first season as a NASCAR Camping World Truck Series ownership, Kyle Busch says bringing Kyle Busch Motorsports to Truck Series completion was a bad idea.
“I’m pretty screwed right now,” Busch said. “I’ve got a long way ahead of me to get some financial stability back. It’s a good thing I’m young, and hopefully I stay healthy.
“It’s taken 3½ years to build the race shop I’m trying to build, and the costs associated with that have increased drastically. Since I wasn’t able to move into that place, I had to buy a building. I had to buy a place to put the stuff. I had to buy all the race equipment, plus I’m paying for that shop being built, so everything’s just going out the door.”
NASCAR suspends two truck crew members indefinitely
NASCAR announced today that it has suspended two crew members for the violation of NASCAR’s substance abuse policy.
Clint Carter with the No. 46 team and Jeremy Wilbert with the No. 95 team failed a random drug test last weekend at Dover.
Bowyer gets NASCAR probation for NNS incident
After his on-track retaliation in the Nationwide Series race at Dover last weekend with Denny Hamlin, Clint Bowyer has been placed on NASCAR probation until June 16.
Mayfield case gets dismissed
U.S. District Court Judge Graham Mullen ruled on Tuesday that all of suspended NASCAR driver/owner Jeremy Mayfield’s claims would be dismissed. The ruling was somewhat of a surprise as it came without an in-court room hearing.
NASCAR filed for Judge Mullen to reach a decision based on pleads already submitted last November.
“Plaintiffs [Mayfield] agreed to release Defendants from all claims arising under a negligence theory or otherwise; Plaintiffs thereby waived their right to pursue their claims for defamation, unfair and deceptive trade practices, breach of contract, and negligence,” Mullen wrote in his order. “Plaintiffs also failed to allege facts to support each of their claims. … Plaintiffs claims are hereby dismissed.”
There has yet to be any word from the Mayfield camp on whether or not they will appeal the decision to U.S. Court of Appeals.
“The U.S. District Court’s ruling is a powerful acknowledgement and affirmation of NASCAR’s rulebook and its ability to police the sport,” NASCAR said in a statement released Tuesday after the ruling. “NASCAR has been very clear with its competitors as to its policies and what is expected of them. NASCAR’s comprehensive substance abuse policy, which is among the best and toughest in all of sports, serves the safety of our competitors and fans.”
On May 9, 2009, Mayfield was indefinitely suspended for failing a random drug test under NASCAR’s revamped testing policy. Mayfield has fought the suspension ever since.
Notebook: IRS files tax lien against Mayfield
The Internal Revenue Service and the North Carolina Department of Revenue have both field tax liens on Jeremy Mayfield and his wife Shana Mayfield for unpaid taxes from 2006 and 2008, a sum of nearly $300,000.
The IRS filed a tax lien on Mayfield’s property in March will the North Carolina Department of Revenue made their filing in February. Both tax documents were filed in the North Carolina Supreme Court.
Mayfield is currently in a lawsuit with NASCAR to challenge an indefinite suspension from the sport after he failed a random drug test, which was positive for methamphetamine.
The suspended driver/owner also owes $371,973 to Bill Diehl, who once represented Mayfield in his NASCAR case. A hearing for this lawsuit is scheduled for Thursday.
Mayfield also owes $177,320 to Arrington Manufacturing, Impact Racing and Triad Racing Technologies.
Edwards plans to continue tradition of biking to Gateway
Carl Edwards will continue his yearly bike ride to the Gateway International Raceway Nationwide Series race, a trip that’s nearly 200 miles long.
“We’re going to try to do that again,” Edwards said last night during a radio interview with Sirius-XM NASCAR Radio. “The group has gotten bigger and bigger each year and I got a new Trek bicycle, it’s really nice, that they’re going to let me use for the ride. We’ve got a couple of people who say they’re going to go. [Driver] Max Papis says he’s going to go. Jim Schertzer from Scotts [Miracle-Gro Company] says he’s going to go. I’m trying to get some of the Aflac folks to commit to it but it’s a fun trip, man. We always try to do something fun like that during the summer, take a little trip, and that’s a good one.
The Missouri-Illinois Dodge Dealers 250 at Gateway International Raceway is set to take place on July 17.
ESPN’s Nationwide Series TV Rating down
Ratings for the Nashville 300 last Saturday were down from last year’s, according to ESPN. The final rating for the telecast was a 1.1, down from a 1.3 last year. The broadcast drew a national audience of 1,378,643 viewers.
Notebook: Mayfield’s case to remain in federal court
The Jeremy Mayfield saga took another turn today as U.S. District Judge Graham Mullen ruled that the case between the suspended driver/owner and NASCAR will remain in federal court.
Mayfield originally filed the case against NASCAR in May after he failed a random drug test under NASCAR’s new substance abuse policy. According to the sanctioning body, Mayfield was under the influence of methamphetamine. However, Mayfield argues that the positive test was derived from a mixture of a prescription drug, Adderall, and an allergy medicine, Clairton-D.
Mayfield requested that the case be moved back to the North Carolina Superior Court after the trial was moved to federal court by the request of NASCAR, arguing that NASCAR vice president Brian France listed Florida and North Carolina as residencies, but didn’t specify which one was his primary residence. Mayfield claimed that France changed his primary residence in order to move the case from state to federal court.
“The Court finds that Mr. France made an honest mistake in signing the state court filing in which he claimed to be a citizen of Florida and North Carolina,” Mullen wrote in his decision. “The error might portray carelessness on the part of Mr. France and his lawyer, but it does not eviscerate Mr. France’s credibility.”
The earliest date a trial could start on the matter is Sept. 13. No official date has been set on the court docket.
“Now that we have got the delay tactics out of the way, we are looking forward to the judge focusing on our motion to dismiss, and to the extent necessary, the discovery phase so that we can add to the mountain of evidence against Mayfield with which to try the case,” Ramsey Poston, NASCAR’s managing director of communications, said in a statement.
The case has been at a standstill since January as the two sides awaited Mullen’s decision today on France’s jurisdiction. France provided his Florida driver license, two vehicle registrations from Florida, his Florida voting record and his 2008 income tax return as evidence to prove that his primary residence was in the state of Florida.
Edwards to make 200th Cup Series start
This weekend’s Subway Fresh Fit 600 at Phoenix International Raceway will mark the 200th time Carl Edwards has started a Sprint Cup Series race.
“It is pretty unbelievable that it’s my 200th start,” Edwards said. “I’m just grateful to have the opportunity to race these cars. Like most racers I just dreamed about being able to compete at the level I’m racing at and win.
“There’s no better place for me to have a milestone start like this than at Phoenix. That is where I ran my first-ever pavement race in 2001. That was a big day for me, so to think almost 10 years have passed since I pulled my little trailer in with all my hopes and dreams, and set up my tent down in turn one to work on my USAC Silver Crown car. Almost all that stuff has come true, although we still need to win a Cup championship. But 200 starts and a bunch of wins is a good start. That will be fun to strap in the car on Saturday and think about all that.”
Edwards got off to a quick start in his career, in which he has amassed 16 wins, 61 top-five, 102 top-10 finishes, since he finished 10th at Michigan International Speedway in his Sprint Cup Series career debut back in 2004.
Sadler set to make 400th Cup Series career start
It will have been 400 Sprint Cup Series races since Elliott Sadler started his career on May 24, 1998 at Charlotte Motor Speedway once he starts the Subway Fresh Fit 600 at Phoenix this weekend.
“I honestly can’t believe this weekend will mark my 400th career NASCAR Sprint Cup Series start,” Sadler said. “I’m really fortunate to be able to be in this position. I get to do a job I really love, work with really great people and I’ve been able to win some races along the way. It’s crazy though how fast time has gone by since my first full season in 1999.”
Sadler has garnered 3 wins, 19 top-five and 68 top-ten finishes in his career.
Jeremy Mayfield sued by former lawyers
Suspended driver/owner Jeremy Mayfield, who is currently in a lawsuit with NASCAR of his suspension for the use of methamphetamine, is being sued by his former legal representation in his case against the stock car racing organization.
The law firm of James, McElroy and Diehl out of North Carolina are suing Mayfield for the amount of $371,973.66, plus other fees and interested since Oct. 26 when the firm was dropped from Mayfield’s representation.
In the fourth lawsuit over bills that have went unpaid, the latest court filing says that Mayfield and his former law firm had a verbal agreement for monthly payments throughout the time that they were on his case. In the suit, the firm claims that it made several attempts with Mayfield to sign a contract that would have him pay $20,000 a month and then a final lump sum amount in December, however he never agreed.
Triad Racing Technologies, Impact Racing and Arrington Manufacturing have also field suits against Mayfield and his race team this season for unpaid bills.
Mayfield called upon celebrity lawyer Mark Geragos to represent him last month.
Most recently the driver of the No. 41 Mayfield Motorsports Inc. Chevrolet, Mayfield was suspended on the Mother’s Day race weekend at Darlington on May 9. The week before the July 4 Daytona race, Mayfield was granted an injunction that allowed him to return to the race track, however sponsorship to do so could not be obtained.
Bill Diehl: Mayfield has yet to pay for his services
Bill Diehl, who was representing Jeremy Mayfield during the suspended driver/owner’s fight against NASCAR, said that he has yet to see payment from the driver.
Mayfield, who is suspended from NASCAR for a violation of the substance abuse policy, recently retained the services of Mark Geragos; a lawyer who has represented many high-profile clients including Michael Jackson and Scott Peterson.
Diehl, who works in the Charlotte, N.C. area, charges around $1,000 an hour for he and his firm’s services. While he would not specify the specific amount owed by Mayfield, he said that he has worked very hard on Mayfield’s case.
Diehl continued to say that his firm has reached out to Mayfield and has threatened legal action against him if payment is not received.
“I’m going to get paid,” said Diehl.
Mayfield has been suspended since Mother’s Day of this year after he failed a random drug test for methamphetamine. He claims that the positive result was caused from a mixture of a prescription medication—Adderral XL—and an over-the-counter allergy relief medication—Clariton-D.
NASCAR has secured many affidavits and statements from industry professionals and eye-witnesses since the case against the stock-car racing organization.
NASCAR requests physical and mental evaluation of Mayfield
After a few months of silence from both NASCAR and Jeremy Mayfield, it ended today with another round of court filings from NASCAR. This round calls for a physical and mental evaluation of suspended driver/owner Mayfield to determine whether or not he has a substance-abuse problem and/or attention-deficit hyperactivity disorder.
NASCAR is asking for the judge to mandate a visit with a doctor of NASCAR’s choosing to for a psychiatric, neuropsychological and physical examination
The court documents from NASCAR include three more affidavits from witnesses — all who claim they witnessed Mayfield use drugs multiple times since 1999.
David Keith, Mayfield’s brother-in-law, was one of four to give depositions while Mayfield was present. Keith claimed that he witnessed Mayfield snort methamphetamine many times, gradually escalating to daily usage.
Barry Lee, Michael Buskill and Steven Russelburg all submitted to affidavits that state Mayfield used meth many times.
“During that time, I frequently saw Jeremy use methamphetamine, almost on a daily basis,” Russelburg said. “Most of the time this occurred at a barn on the property that had been converted to a shop.”
Also amongst the affidavits was a report that Mayfield attempted to hide his drug use from his wife, Shana.
Mayfield was suspended May 1 of this year by NASCAR after failing a random drug test in Richmond. Most recently the driver of the No. 41 Mayfield Motorsports Chevrolet, Mayfield claimed that the positive result for meth was caused from a mixture of Clariton-D and Adderal-XL, which he takes for his ADHD.
Pulling off a Richmond miracle
Kenny Francis, Kasey Kahne’s crew chief, knows about big wins—and this was long before Kahne’s huge victory over the weekend in Atlanta sent him soaring five spots in the Sprint Cup standings to sixth.
In 2004, Jeremy Mayfield did something no driver has done since—win at Richmond, in the 26th race of the season, to qualify for the Chase for the NASCAR Sprint Cup. With the victory that year, Mayfield jumped from 14th to ninth in the standings, knocking out—of all people—Evernham Motorsports teammate Kahne in the process. Francis was Mayfield’s crew chief.
Five years later, Brian Vickers and Kyle Busch head to Richmond hoping to pull off the big win. Vickers is 13th and trails 12th-place Matt Kenseth by 20 points; 14th-place Busch is 37 behind Kenseth.
Francis told Sporting News it was testing and strategy that propelled Mayfield’s No. 19 team to victory lane five years ago. Testing isn’t an option in 2009, but you can be sure strategy is front and center for all the drivers on the bubble.
Francis recalls 2004:
“When we went into that race, it was not with any more intensity than we had been. What we did that year was go and test at Richmond a couple of weeks before. They had kind of a unique tire that year, and we learned some stuff about it at the test and realized that we could run a lot of laps on it.
“If we had a long green run, we would take four tires and fuel under green—and there were some green-flag stops that night. But then under yellow, we were doing gas only. We had a good racecar and ran up front all night, but that just made sure we kept our track position.
“We were running second to Kurt Busch, and we knew we were in good shape (in the Chase standings) even at that point, and then we found out he couldn’t make it on fuel. When he ran out of gas, we won the race.”
NASCAR claims Mayfield lied in federal court
On a Monday round of court filings by NASCAR to ask U.S. District Court Judge Graham Mullen to lift the injunction granted to Jeremy Mayfield on July 1, NASCAR claimed that Mayfield lied to the federal court last week while describing a July 6 drug test.
Mayfield testified last week that NASCAR’s request a drug test went straight to his voicemail. The suspended driver/owner then claims that he did not get the phone call until 40 minutes later. NASCAR claims to have a recording of the call as proof Mayfield is lying.
Mayfield is not longer allowed to race in the Sprint Cup Series after the court issued a ruling that blocked Judge Mullen’s decision. However, NASCAR needs Judge Mullen to overturn his ruling for legal reasons.
Court lifts temporary injunction, Mayfield re-suspended
Suspended driver/owner Jeremy Mayfield, who was rumored to have been working on a deal with a major sponsor earlier this week, was suspended again today by NASCAR after the U.S. Court of Appeals in Richmond, Va. granted NASCAR’s request to reinstate Mayfield’s suspension after NASCAR’s ruling was overturned when U.S. District Court Judge Graham Mulle granted Mayfield’s request of a temporary injunction on July 1.
“Upon review of appellants’ motion for a stay of the preliminary injunction pending appeal and appellees’ response, the Court grants the motion for stay pending appeal,” the order filed today said.
In a statement, NASCAR spokesperson Ramsey Poston said that NASCAR is pleased with the court’s decision to keep Mayfield on the track.
“We are pleased with the 4th Circuit Court’s ruling to reinstate NASCAR’s suspension of Jeremy Mayfield,” Poston said. “This is an important decision for NASCAR to make fair and equitable regulations for the safety of competitors and spectators at the track. We will continue to respectfully make our case for as long as the litigation continues.”
Mayfield says claims by stepmother caused from bitterness
NASCAR filed court documents Wednesday that not only included the positive methamphetamine result from a July 6 random drug test performed at Jeremy Mayfield’s residence, but also contained what seems to be among the best evidence that NASCAR can present to the court besides the two positive drug tests for the same drug taken within three months of each other.
Lisa Mayfield, Jeremy’s stepmother, claims that she saw Jeremy use drugs on many occasions.
“Between 1998 and 2005, I am personally aware that Jeremy used methamphetamines often,” Lisa said in an affidavit that NASCAR filed on Wednesday. “I was concerned about his heavy use and talked to his father about it. I saw Jeremy use methamphetamine by snorting it up his nose at least 30 times during the seven years I was around him. Jeremy used methamphetamine not only in my presence, but also when we were both in the presence of others.”
However, Jeremy claims that his stepmother lied, saying that she has been mad at him ever since his father died for the fact that he does not support her financially.
“She don’t deserve the Mayfield name,” Jeremy said in an affidavit included in his own filings on Wednesday. “She’s hated me since my dad got killed because I won’t give her any money. She goes on the Internet and blogs lies about me and Shana (Jeremy’s wife) and everything you can imagine. She’s broke, and I guess she got NASCAR to give her some money.”
The comments that Mayfield mention appear to have come from a blog on the Las Vegas Review website.
Mayfield began the season blogging for the Las Vegas Review. However, the blog was later taken over by his publicist before his wife, Shana, took the reins.
On May 15, 2009, a user operating under Lisa Mayfield’s name left a comment on an April 3 post by Mayfield’s wife saying, “I wish NASCAR would test your hair or even your water bottle. I will be testifying for NASCAR. Don’t forget I know all your sources too.”
Also included were several comments from the user that posted under Lisa’s, calling Mayfield out as major role in his father’s depression.
NASCAR indefinitely suspended Jeremy on May 9 after the driver/owner failed a random drug test performed on May 1 at the Richmond International Raceway. NASCAR later confirmed that the drug was meth and not a combination of a prescription drug and an over-the-counter allergy medication, as Jeremy claims.
On Wednesday, NASCAR filed court documents that stated Mayfield failed another drug test on July 6 for the same drug.
Mayfield’s stepmother says driver used meth; Mayfield attorney disputes recent positive test
Lisa Mayfield, stepmother of suspended driver Jeremy Mayfield, says she saw Mayfield use methamphetamine on at least 30 occasions dating to 1998, including once before a race in 1999, according to an affidavit that accompanied a NASCAR filing in federal court Wednesday.
NASCAR asserted in its filing that Mayfield had failed a second drug test, which also produced a positive indication for methamphetamine, and asked the court to reinstate the indefinite suspension imposed on Mayfield on May 9 after a positive drug test administered eight days earlier at Richmond International Raceway.
In an interview with Bob Pockrass of SceneDaily.com, Mayfield attorney John Buric said Mayfield had taken a separate test within an hour of the test NASCAR cited in its motion and that the separate test was negative for methamphetamine.
Mayfield did not return a call from Sporting News requesting a comment on the drug test and Lisa Mayfield’s affidavit, in which she stated she had seen Mayfield take meth over a seven-year period, starting in 1998.
“I am giving this affidavit concerning my personal knowledge of Jeremy’s use of methamphetamine,” Lisa Mayfield said in her affidavit. “I first saw Jeremy using methamphetamine in 1998 at his shop on Jackson Road in Mooresville, North Carolina.
“Jeremy cooked some of his own methamphetamine in his shop by the house until the stores took pseudoephedrine (an ingredient in the production of meth) off the shelves. In addition to making amphetamine for his own use, I am aware that Jeremy has bought methamphetamine from others.”
About Lisa Mayfield’s assertions, Buric told SceneDaily.com, “We’ll respond to this; we’re not worried about it. Lisa Mayfield has her own issues.”
Buric said the separate test that came back negative was analyzed by drug-screening laboratory LabCorp. NASCAR, on the other hand, says its test, conducted by Aegis Laboratories of a urine sample taken from Mayfield on July 6, approximately one hour before the sample tested by LabCorp, reproduced the finding of methamphetamine and excluded the possibility that the positive test had resulted from a combination of prescription Adderall and over-the-counter Claritin-D, as Mayfield has claimed.
NASCAR is asking Judge Graham Mullen to vacate the injunction he granted to Mayfield on July 1 (and followed with a July 7 written order), in effect lifting the suspension that had kept Mayfield away from the racetrack for seven weeks. Even though Mayfield won the right to compete in recent races at Daytona and Chicagoland, he chose not to appear at either racetrack.
“Because Mr. Mayfield’s repeated and confirmed use of methamphetamine violates NASCAR’s substance abuse policy, and because NASCAR must be permitted to protect the safety of its drivers, crews, and fans, as well as the integrity of the sport, Defendants respectfully request that the Court immediately vacate its July 7, 2009, order and reinstate NASCAR’s suspension of Mr. Mayfield,” the sanctioning body wrote in its motion.
NASCAR says Mayfield failed July 6 test, Mayfield says otherwise
In court documents filed Tuesday, NASCAR claims that Mayfield has once again failed a drug test for methamphetamine.
On Monday, July 6, NASCAR made Mayfield submit to a random drug test, after Mayfield was able to have a judge temporarily lift his indefinite suspension from NASCAR. However, the judge also ruled that NASCAR could test Mayfield as often as they wanted to.
Mayfield was suspended just before the start of the Darlington Raceway event on May 9 earlier this season. He was awarded a preliminary injunction on July 1, but Mayfield has not been able to find a ride to race in a Sprint Cup Series event since.
July 6 was the first known test on Mayfield since his suspension was lifted. When Mayfield first failed the random drug test on May 1, the drug that showed on the test was also meth.
NASCAR wants Mayfield’s suspension reinstated
CHARLOTTE, N.C.—NASCAR filed papers Monday seeking to reverse a district judge’s ruling that lifted owner/driver Jeremy Mayfield’s suspension for allegedly failing a drug test in May.
NASCAR asked U.S. District Court Judge Graham Mullen to suspend his decision from last Wednesday to issue a preliminary injunction until the appeal could be heard, a common request that is a prerequisite for an appeal in a case such as this one. NASCAR also filed a notice that it will file an appeal with the U.S. Court of Appeals in Richmond, Va.
NASCAR claims Mullen failed to properly consider the sophistication and sensitivity of the Aegis Laboratories drug-testing procedures used to conduct NASCAR’s tests and the fact Mayfield’s expert stated the level of methamphetamine indicates Mayfield might be a chronic user.
NASCAR also questions Judge Mullen’s reasoning that Mayfield could be tested daily, including with a hair test, to see if he is a safety risk. NASCAR says there was no evidence at the hearing “that a reliable and accurate same-day test for methamphetamine exists which can ensure Mayfield’s drug-free participation in upcoming NASCAR events.”
“Mayfield continues to pose a threat to public safety, thereby warranting NASCAR’s immediate appeal of this Court’s decision,” NASCAR states in its filing Monday.
Mayfield, who qualified for five of the first 11 races this season after starting his own team and has five wins in 433 career Sprint Cup starts, contends the May 1 drug-test findings that prompted his suspension resulted from a combination of prescription drug Adderall and over-the-counter Claritin-D allergy medicine. He also has contended that NASCAR must follow guidelines that regulate federal agencies. NASCAR disputes those claims.
Although the injunction reinstated Mayfield as an eligible driver and owner, he did not attempt to make the Coke Zero 400 last weekend at Daytona International Speedway. He issued a statement Saturday saying he was hoping to obtain the sponsorship necessary to enter this weekend’s race at Chicagoland Speedway, but he is not on the entry list.
“It is clear that Mayfield misled the Court about the need for a preliminary injunction to protect his livelihood given that—contrary to his representations to the Court—he failed to seek eligibility for the Fourth of July NASCAR race,” NASCAR said in its filing Monday.
Mayfield attorney John Buric said the appeal was expected, but Mayfield will remain focused on trying to get his team assembled to get back on the track.
“He’s leaving the legal wrangling to his lawyers, and he’s focusing on attempting to get set up to race if he can,” Buric said.
Buric said he was unsure if Mayfield could get an entry ready for Chicago this weekend.
“He obviously has trouble with his own group as the result of his delay in keeping his folks employed. It’s not easy. … He made a good valiant effort last weekend that didn’t pan out.”
NASCAR’s assertion that Mayfield’s failure to show in Daytona last weekend proved he didn’t need emergency relief was “ridiculous,” Buric said.
“It’s ludicrous to suggest that because Jeremy wasn’t there racing, it wasn’t an emergency,” Buric said. “The emergency was getting him the ability to be able to race. The fact that the judge said (he) can, the judge didn’t give him money and say, ‘Here’s money to go get your team ready.’ ”
A change in NASCAR’s drug testing procedure?
Because of the situation NASCAR currently finds itself in with Jeremy Mayfield, the first driver to be suspended for a violation of their newly revised drug testing policy, the question must be asked if they have changed their drug testing procedure.
According to Kasey Kahne, driver of the No. 9 Budweiser Dodge at Richard Petty Motorsports, it has—in some ways.
Mayfield, in court documents filed before the July 1 hearing in Federal District Court, said that the drug testing policy doesn’t comply with federal standards.
According to Mayfield, when he was tested on May 1 after the first Sprint Cup Series practice at Richmond International Raceway, a NASCAR official escorted him to a trailer where he meet with several other drivers who would also participate in the random drug test that day.
When Mayfield arrived at the specified trailer, an employee from AEGIS labs, the company that maintains NASCAR’s drug test, gave all the drivers instructions and background information on the test.
Mayfield was issued a sample cup and was authorized to go to a nearby restroom and return his sample cup to the collector in the trailer. The agent from AEGIS then instructed Mayfield to initial two labels and authorized him to leave the trailer.
However, Mayfield, according to his affidavits in court documents submitted on June 25, was not present while the agent from AEGIS affix the labels onto the sample cups nor was he present to see the samples being sealed. The agent also did not supply Mayfield with any written rights or further instructions before the agent instructed him to leave. The agent only supplied Mayfield with a card containing Dr. David Black’s, owner of AEGIS Sciences Corporation, contact information to alert him of his prescription medication for his attention deficit hyperactivity disorder, Adderall XR, as well as Clariton-D for his allergies.
This process has evolved to become much more precise, according to the way Kahne described his experience at a recent random drug test during the Sonoma weekend, in comparison to the drug test that is mandated for each driver at the beginning of the year.
“When I went [for a drug test] at the start of the year, it was go in, take your sample, sign your name and basically walk out,” Kahne said on Thursday at Daytona International Speedway. “You watch them pour your ‘A’ and ‘B’ sample into the different capsules, you sign your name and leave. It was a five, 10 minute process. Now it’s…every step… you have to initial every step through the whole process. It takes about 40 minutes it seemed at Sonoma. I think that is just a process now that they’ve [NASCAR] put into it. There’s more into the process so that there’s no way around it.
“I got tested at Sonoma and it’s a process now. Every little step you have to sign your name or initial… work with the person that is taken the sample. To me, that’s because of the whole [Jeremy] Mayfield incident and just clarifying everything and making sure that everything is…the driver and the person taking the sample are on the same page. I’m totally behind NASCAR.”
Even though a Judge in federal court over-ruled NASCAR’s suspension temporarily to allow Mayfield to race, he was a no show for the Thursday morning late-entry deadline to enter his own car into this weekend’s Coke Zero 400 at Daytona.
If Mayfield wants to race this weekend, it will be in someone else’s car. However, of the four car owners that have reportedly been interested have had a sponsor say they don’t want Mayfield in the car.
But if Mayfield finds a ride this weekend or beyond, will the possible strike that NASCAR feared in its court documents come to fruition?
“If he’s on the track, you have to race with him.” Kahne said.
